Southgate residents ordered to pay township’s legal fees

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On Dec. 7, Superior Court Justice Leonard Ricchetti ruled the Southgate Public Interest Research Group (SPIRG) must pay the township $40,185.34, based on costs accumulated by the group’s application to overturn the building permit issued to Lystek’s Organic Materials Recovery Centre.

“I think it’s very unfortunate that residents have to take legal action in the first place,” said Anna-Marie Fosbrooke, a member of SPIRG. “This is just more insanity, as far as I’m concerned.”

Ricchetti explained that SPIRG failed to establish its application’s issues are predominantly public interest and not local issues to the group or its members.

“I am not persuaded, on the record before me, that SPIRG was a public interest litigant in this proceeding,” Ricchetti said. “The onus rests with SPIRG to demonstrate on the balance of probabilities it is a public interest litigant.”

However, Fosbrooke said more than one year ago, 1,000 people signed a petition asking for a public meeting on the issue.

In October, Ricchetti denied SPIRG’s application that Lystek’s building permit was improperly issued by the municipality. However, the judge ruled the municipality must provide sewer and water services to the Lystek facility.

The municipality’s total legal bill was more than $70,000. Mayor Brian Milne said their lawyer advised against seeking the full price for the application hearings.

“You don’t want to be seen as over reaching or unreasonable,” Milne said.

“The judge agreed that would be a reasonable amount.”

Earlier in December, SPIRG filed an appeal to the building permit decision. Fosbrooke said the group’s lawyer believes the appeal will be heard sometime in this coming February.

“My understanding is, given the verdict is being appealed, we’re not expected to pay the costs to Southgate at this time,” Fosbrooke said. “Depending on the verdict, I believe we can appeal paying costs.”

He added the municipality would seek legal cost compensation again, if the appeal is successfully denied.

Lystek also looked to recover $69,496.26 in costs from SPIRG, but Ricchetti ruled against the request, as the company was not originally named in the court challenge.

“Lystek chose to retain council to protect its interests rather than to rely on the township’s representation,” Ricchetti said.

The judge added representatives for Lystek would have duplicated time and effort put forth by Southgate’s lawyer.

“While we would have preferred to also have been awarded costs, we are pleased to have played a significant role in supporting Southgate’s success,” Kevin Litwiller, Lystek’s director of business development said in a news release.

SPIRG must still pay $1,000 awarded to Lystek awarded in court in April.